Central District of California • 5:26-cv-03245
Jose Guadalupe Martinez Rizo v. Adelanto ICE Processing Center Warden
Active
Case Information
Filed: June 10, 2026
Assigned to:
Sherilyn Peace Garnett
Referred to:
A. Joel Richlin
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
September 01, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 10, 2026
PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge Sherilyn Peace Garnett and referred to Magistrate Judge A. Joel Richlin.(Filing fee $ 5 FEE DUE), filed by Petitioner Jose Guadalupe Martinez Rizo. (car) (Entered: 06/12/2026)
Main Document:
Petition for Writ of Habeas Corpus (2241)
#2
Jun 10, 2026
PRISONER'S REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by Petitioner Jose Guadalupe Martinez Rizo. (car) (Entered: 06/12/2026)
Main Document:
Proceed In Forma Pauperis with Declaration in Support (CV-60)
#3
Jun 12, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Sherilyn Peace Garnett and referred to Magistrate Judge A. Joel Richlin, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (car) (Entered: 06/12/2026)
Main Document:
Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
#4
Jun 12, 2026
Notice of General Order 26-05 and Briefing Schedule. (car) (Entered: 06/12/2026)
Main Document:
Notice (Scheduling Order 2241) - optional html form
#5
Jun 12, 2026
NOTICE OF RESOURCES FOR PRO SE LITIGANTS. (car) (Entered: 06/12/2026)
Main Document:
Notice of Resources for ProSe Litigants (CV-134) - optional html form
#6
Jun 12, 2026
MINUTE IN CHAMBERS-ORDER REFERRING CASE TO THE FEDERAL PUBLIC DEFENDER TO CONSIDER APPOINTMENT OF COUNSEL by Magistrate Judge A. Joel Richlin: The Court REFERS this case to the FPD for consideration of appointment of counsel for Petitioner. The FPD is ORDERED to file a response within seven days of this order, indicating whether the FPD will represent Petitioner in this matter, decline representation in this matter, or recommend appointment of CJA counsel. (SEE DOCUMENT FOR DETAILS) (sh) (Entered: 06/14/2026)
Main Document:
Minutes of In Chambers Order/Directive - no proceeding held
#7
Jun 12, 2026
ORDER ON REQUEST TO PROCEED IN FORMA PAUPERIS by Magistrate Judge A. Joel Richlin: granting 2 REQUEST to Proceed in Forma Pauperis with Declaration in Support (CV-60). IT IS THEREFORE ORDERED that: The request is GRANTED. (sh) (Entered: 06/14/2026)
Main Document:
Proceed In Forma Pauperis with Declaration in Support (CV-60)
#8
Jun 15, 2026
Minutes of In Chambers Order/Directive - no proceeding held
Main Document:
Minutes of In Chambers Order/Directive - no proceeding held
#9
Jun 22, 2026
Notice of Appearance or Withdrawal of Counsel (G-123)
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Notice of Appearance or Withdrawal of Counsel (G-123)
#10
Jun 22, 2026
Return to Habeas Petition (2241)
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Return to Habeas Petition (2241)
#11
Jun 23, 2026
Proof of Service (subsequent documents)
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Proof of Service (subsequent documents)
#12
Jul 04, 2026
Notice (Other)
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Notice (Other)
#13
Jul 08, 2026
Notice (Other)
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Notice (Other)
#14
Jul 08, 2026
Proof of Service (subsequent documents)
Main Document:
Proof of Service (subsequent documents)
#15
Jul 10, 2026
(IN CHAMBERS) TEXT-ONLY ENTRY by Magistrate Judge A. Joel Richlin: The Court is in receipt of Respondents' Notice of Intended Removal (the Notice). (Dkt. 13 .) The Notice advises that Petitioner was ordered removed by an immigration judge on June 5, 2026, and that Petitioner had until July 6, 2026, to appeal, but Petitioner did not do so. (Id. at 2.) Therefore, Petitioner's removal order is now final and Respondents intend to remove him shortly. (Id.) Accordingly, the Court directs Respondents to file a status report within five court days of any future removal and address whether this matter is moot in that report. Any status report shall be supported by sworn affidavits and/or documentary evidence. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (asi) TEXT ONLY ENTRY (Entered: 07/10/2026)
Jul 10, 2026
Generic Text Only Entry
#16
Jul 21, 2026
Response
Main Document:
Response
#17
Jul 22, 2026
(IN CHAMBERS) TEXT-ONLY ENTRY by Magistrate Judge A. Joel Richlin: The Court is in receipt of Petitioner's Response to Notice of Intended Removal (the Response). (Dkt. 16 .) In the Response, Petitioner contends, and provides supporting documentation, that he timely appealed the Immigration Judge's Removal Order, initially on June 18, 2026, and then again on June 30, 2026. Thus, broadly construing Petitioner's pro se filing, Petitioner appears to contend that the Immigration Judge's Removal Order is not final because he timely appealed. In light of the Response, the Court directs Respondents to file a response stating whether the Immigration Judges Removal Order is final, supported by documentation, no later than July 24, 2026. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (asi) TEXT ONLY ENTRY (Entered: 07/22/2026)
Jul 22, 2026
Generic Text Only Entry
#18
Jul 24, 2026
Status Report
Main Document:
Status Report
#19
Jul 24, 2026
Proof of Service (subsequent documents)
Main Document:
Proof of Service (subsequent documents)
#20
Jul 27, 2026
(IN CHAMBERS) TEXT-ONLY ENTRY by Magistrate Judge A. Joel Richlin: The Court is in receipt of Respondents' Status Report Regarding Notice of Intended Removal. (Dkt. 18 .) The status report advises that the BIA apparently accepted Petitioner's late-filed appeal of his removal order and has not yet ruled on Petitioner's motion to accept a late appeal. (Id.) Respondents advise that based on these developments, they did not move forward with Petitioners removal. (Id.) Therefore, the Court directs Respondents to file a new notice of intended removal providing at least two court days' notice to Petitioner and the Court if they intend to remove Petitioner in the future while this action is pending. Additionally, the Court intends to address the merits of the Petition, but notes that Petitioner has not yet filed a reply to the Answer. This is Petitioner's opportunity to respond to the Answer. Therefore, the Court directs Petitioner to file a reply to the Answer no later than August 10, 2026. After that date, if no reply is received, the Court will rule on the basis of the Petition and the Answer. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (asi) TEXT ONLY ENTRY (Entered: 07/27/2026)
Jul 27, 2026
Generic Text Only Entry
#21
Aug 12, 2026
Appointment of Counsel
Main Document:
Appointment of Counsel
#22
Aug 13, 2026
Report and Recommendation (Issued)
Main Document:
Report and Recommendation (Issued)
#23
Aug 13, 2026
Notice of Report and Recommendation
Main Document:
Notice of Report and Recommendation
#24
Sep 01, 2026
Reply
Main Document:
Reply
Sep 01, 2026
Generic Text Only Entry
Parties
Adelanto ICE Processing Center Warden
Party
Jose Guadalupe Martinez Rizo
Party